>> they believe they never would. >> we must be in a safety constant vigilance but we he have to have vigilance ♪ and when i heard ♪ heard off my shoulders ♪ how can i -- >> shepard: this is the fox report. tonight, another terror plot foiled. the apparent target, a commuter train. the suspect accused of working with al qaeda operatives in iran. plus, the surviving boston bombing suspect now charged and read his rights, accused of using weapons of mass destruction. >> shepard: the feds file charges against the suspect in his hospital bed. and the white house says he will face justice in criminal court. >> he will not be treated as an enemy comment bat tant. >> shepard: some republicans say the u.s. should use the law of war. >> you don't want to turn over intelligence gathering to it a criminal defense lawyer and the terrorist.

>> shepard: investigators say they want to question the older brother's widow. one friend calls her an all-american girl and accuses her husband of brainwashing her. >> shepard: plus friends and family say goodbye to the girl with a heart of gold. and one week later the nation stops to remember. >> shepard: and good evening from fox news, one week later, the feds have charged the suspect in the boston marathon bombings with using a weapon of mass destruction. charge that could get him death. officials say prosecutors and a judge went to the suspect's hospital room today to formally charge him with the attacks that killed three people and wounded close to 200 others. according to the criminal complaint here. surveillance videos shows the 19-year-old on the cell phone before that first blast. goat, a few seconds after he finishes the call, the

large crowd of people around him can be seen to react to that first explosion. then he walks away without his knapsack. having left it on the ground where he had been standing. approximately 10 seconds later, an explosion occurs, in the location where bomber 2 had placed his knapsack. we have team fox coverage tonight. adam housley at the hospital in boston. first to catherine herridge in our d.c. newsroom. some dramatic information that indictment. >> shep, according to these court documents, some of the most compelling preliminary evidence comes from surveillance video and one eyewitness. during the carjacking thursday night before a shootout with police one of the brothers said, quote: did you hear about the boston explosion? i did that." court records also filed this afternoon show that tsarnaev brothers walked into boylston street together 11 minutes before the explosions, each with a backpack. they split up. one heading for the finish line and the other toward the forum restaurant, the site of the second explosion. 30 seconds before the first

blast the younger brother started fidgeting with his phone presumably the method of at the time donation. everyone turned around except 19-year-old suggesting foreknowledge of the attack? indictment. they haven't been indicted. in that complaint we learn more about this other suspect. the one who died in the shootout with police. >> earlier today republican senator lindsey graham urging the administration to hold off on any-mile-an-hour ga da warning and also to consider declaring the 19-year-old an enemy combatant or enemy belligerent which is legal option for intelligence-gathering. >> under the law of ward there is no right to legal counsel when you are being security purposes. i hope the obama administration will allow us that option that exists in our law. they have a very bad track record here. >> the white house telling reporters it would try the younger brother in federal court and that no options were considered. >> this is a matter that's decided by the department

of justice and the attorney general, obviously at the top, the whole national security team supports this decision. >> military trial was not an option in this case because the 19-year-old is an american citizen. even if it provided more information about his brother who was killed last week. shep. >> shepard: catherine herridge in washington. catherine, thank you. that criminal complaint details the suspect's serious injuries. gunshot wounds to the head, the throat, the legs, and the hand. investigators say it appears the suspect shot himself as swat teams closed. in a possible attempt to kill himself they say. today, officers said he was in very bad shape by the time they took him down. >> moving up to the boat, he was actually laying down on the side of the boat. one leg out, one hand out. as we got closer, that's when he came out of consciousness and he sat back up. i don't think he had the energy to say anything. once we got him on the ground, he was complying, he was going in and out of consciousness. >> shepard: officials say there is a chance that tsarnaev may never speak again that doesn't mean he cannot communicate.

accord 20g9 "wall street journal" which our parent company owns, the suspect has been able to write answers to basic questions to investigators whatever that means. so far hospital room today reports for the record quote: the defendant alert. mentally competent team fox coverage from the tell us about the computer there same hospital being guarded by the u.s. marshals. they have taken over the security of that room as well as that floor. they are still being assisted, of course, by local authorities. we are also being told that once the suspect is well enough to leave this hospital, he will most likely be helicoptered out to a future federal cell. and also his recovery, of course, shepard, continues at the same hospital where many of the victims of monday's blast also continue their recoveries. shepard? >> shepard: today we asked the hospital if any visitors have come by to see the suspect. officials would not answer. we do know that the suspect's father told the associated press he will

soon be flying from russia to the united states? his words to seek justice, quote, the truth and justice. you will recall, just last week the father said all hell will break loose if police killed his younger son dzhokhar. that was after his other son had died. now, the father says he has a lot of questions for police. and that he wants to clear some things up. the suspect's mother says the father early day after tomorrow doctors say all of the injured three people died in the bombings, the explosion wounded more than 180 others. doctors say at least 14 of them lost all or part of a limb many people recovered. mental strawm a big concern. for everyone who remains hospitalized. variety of concerns. both medical and

psychological and we're addressing all of those medical and psychological issues in parallel. >> shepard: as of today, there is still 51 victims in hospitals in that area. several in the same hospital where the suspected bomber is under heavy guard. among those still listed as critical. the transit police officer who nearly bled out in fry dance shootout with the suspects. we will talk with the woman you see here carrying the red blanket. she will tell us about that dramatic rescue during a day that changed her life and some others forever. a somber moment at the scene of the attacks as the fbi officially turned boylston street back over to the city of boston. [bagpipes] >> shepard: the feds presented the city's mayor with the flag that's felony -- flown over the finish line since the bombing. it will be some time before

the street returns to normal. look at the sidewalks in markings. store owners glass blown out out. single bouquet to honor the victims. earlier today one week after the marathon attack. americans across the country fell silence to pay tribute to the victims. even boston's police radios were mostly quiet except for emergencies. >> one minute of radio silence, thank you, all. >>

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>> shepard: sobering announcement today they had ties to al qaeda in iran and planning to attack a passenger train. about two men planning to attack train in canada. >> had this attack been carried out it would have resulted in people being killed or injured. >> shepard: planning stages and no imminent threat to the public. what more do we know about these two suspects, trace? >> they have now been identified as jasser. >> one man lives in toronto and one lives in montreal. neither one of these is a canadian citizen. the picture is one of them being brought in on airplane. is he reportedly is from tunisia. lynched in account says he linked in account says masters degree in biotechnology. swashts search warrants

still being served. unclear if they had the materials to be able to blow up a train. but they everywhere. >> conspiring to interfere with transportation facilities and murdering persons for the benefit. we are alleging that these two individuals took steps and conducted activities to initiate a terrorist attack. they watched trains. >> police say they were targeting a specific train route, not necessarily a specific train. shep? >> shepard: they say there is an al qaeda link, trace? >> canadian authorities were asked at the press conference today what type of support that al qaeda was giving these suspects. was it financial support? were they giving them hardware or other materials. all these authorities would say is that al qaeda elements in iran were actually giving them guidance and direction. that's all they would say. they did say that apparently we heard iran being a part of al qaeda.

we talked to experts today and they say there is an element of al qaeda in iran that's not very welcomed by the iranian government. here again is the canadian police. >> now, i can tell you that there is no information to indicate that these attacks were state-sponsored. >> yeah. not state-sponsored. authorities say that these suspects did communicate with people here in the united states. as well as overseas but they would not say if other arrests are coming. shep? >> shepard: trace gallagher live for us tonight. thanks. update now on the recovery after heart break in the town of west texas. after last week's massive and deadly explosion at fertilizer plant school is in session today. according to reports teachers held classes in other rooms including trailers because several of the old classrooms suffered tremendous damage after the blast outside waco.

explosion. >> that explosion killed 14 people. 10 of whom were first responders. nearly 200 hurt. and dozen of homes are now gone. today assistant fire marshall said investigators may not have concrete answers any time soon. >> the investigation will take so long because it's done on a scientific method through a scientific process. it's very methodical. one way to compare this archeological dig. we are layering through everything we are going to try to get the answer. >> shepard: president obama will attend a memorial service in the town of west on thursday. fbi agent says investigators did not find ricin inside the home of a mississippi man. the one accused of sending poison letters to president obama and u.s. senator. he also says investigators did not find ingredients for making poison or computer searches on how to make ricin. this on a hearing for the suspect paul kevin curtis.

lawyers say curtis didn't send the letters suggesting someone is framing him. is he elvis impersonator. his family says he has mental illness. investigation into last week's boston bombing far from over. now the phish looking to question the wife of the now dead boston bombing system. her attorney says she had nothing to do with it and wait until you hear how he says she found out that her own husband was a suspect. we went out and asked people a simple question: how old is the oldest person you've known? we gave people a sticker and had them show us. we learned a lot of us have known someone who's lived well into their 90s. and that's a great thing. but even though we're living longer, one thing that hasn't changed: the official retirement age. ♪ the question is how do you make sure you have the money you need to enjoy all of these years. ♪ to enjoy all of these years.

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>> shepard: boston bombing suspect learned that the fbi learned about her husband the same way we all learned it when they showed the picture on television. that's according to that very woman's attorney who said the feds now want to talk to his client to find out whether she knew anything about the plot.

24-year-old catherine russell tsarnaev reportedly met the suspect at a nightclub. that was 2009 or 2010. they got married and later had a daughter. at some point she also converted from christianity to islam. her attorney insists she was not involved in the bombing in any way. and says the last time she saw tamerlan tsarnaev alive was at the couple's home on thursday morning. the very same day the feds released the surveillance photos of her husband and brother-in-law. "the fox report" jonathan hunt is with us tonight. where is this woman now. >> catherine russell right now is at her parents many home in north kingstown rhode island, she apparently went there last friday. federal agents visited that home, we're told yesterday, but apparently they did not speak to catherine russell instead they toke to her attorney. >> i spoke to them and that's all i can say right

now. we're deciding what we want to do and how we want to approach this. it seems likely she will ultimately meet investigators, shep, but the attorney clearly wants to decide what the parameters are for that meeting. given that right now she is not charged with anything at all. >> shepard: right. what more do we know about their relationship? >> it appears that they were pretty close. there was a domestic violence incident back in 2009. more on that in a moment. other than that, they appeared to be very close, indeed. in fact, one of the relatives said that when tsarnaev traveled to russia last year, he spoke to his wife every single day via skype. now, we also know, of course, that they met when she was studying at suffolk university in boston in 2009. they married in 2010. and after that, just before the marriage, she converted to islam. her attorney said she believed in the tenets of islam and of the koran. she believes in god.

now, her parents have not said anything much at all except to express their utter shock. they said in a statement, quote: we cannot begin to comprehend how this horrible tragedy occurred in the aftermath of the patriots day horror. we know we really never knew tam member loan tsarnaev. our hearts are sickened by the knowledge of the horror he has inflicted. it's important to point out that at this stage investigators do not appear to believe that catherine russell, tsarnaev's wife had any prior knowledge of the boston attack, shep. >> shepard: all right, jonathan, thank you. our station wfxt fox for boston just dug up this shot of the now dead bombing suspect. according to fox 25. it's back from 2009 when tamerlan tsarnaev was arrested on domestic violence charges. we'll let a live report from our station fox 25 in boston coming up. continuing coverage of the top story. federal charges against the 19-year-old boston marathon

terror suspect and the fbi's complaint reveals a slew of new details in the case. including what investigators found in his dorm room. we're live in boston for that plus, major delays at. so nation's big airports today. all thanks, we're told, to washington's spending cuts. the sequester set backs coming up as we approach the bottom of the hour and the top of the news as fox reports live tonight. while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. celebrex can be taken with or without food.

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>> shepard: so did you fly today? if so, you might be watching from the airport because it's been a frustrating monday for fliers. the delays as the federal aviation administration forces thousands of air traffic controllers to take an unpaid day off. all thanks to those automatic spending cuts that lawmakers in d.c. just couldn't strike a deal to stop. the example one of them a.m. u.s. shuttle flight from washington to new york. they go every hour. it's supposed to take a little more than an hour. instead it took three hours. folks who opted from amtrak 8:00 a.m. train d.c. that was only one of many delays at several airports. plenty of time to prep. officials say the administration could do more to help travelers. the fox business network rich edson live. shep they are suing the federal aviation administration saying that these should be put off.

they say the law allows the faa and the administration to cut somewhere else in the 16 billion-dollar annual budget of the faa. they say the way the faa were cuts makes the delays even worse. >> under the applicable laws. the faa has the authority or the discretion to find the money elsewhere. not to lay off the workers. and, therefore, to protect the traveling and shipping public, the faa should not furlough the air traffic controllers. now congressional republicans charge the way the administration has structured this is simply for political reasons. the administration says that's absolutely not the case. they say the way is law isten o other choices than to furlough these air traffic controller if they have to reach the savings that the law requires, shep. >> >> shepard: we are expecting it to say four different flight delays faa is saying.

airlines anywhere between 6700. about a quarter of the flight traffic in this country daily. in a statement the faa says they will be working with the airlines and using traffic management tools to minimize the delay impacts of trafficking busy summer travel season. the difficult to tell what's regular travel delay because of these furloughs and because of the air traffic control problems when you consider some the other issues out there, especially because of weather and flight volume problems. it's not like today is the first day that we have had delays at airplanes, shep. >> shepard: certainly isn't. thank you very much. rich edson at reagan national. i'm shepard smith. this is the fox report. it's the bottom of the hour. time for the top of the news. and now we know just what the fbi found in the boston terror suspect's dorm room. according to the criminal complaint which became public today, investigators cold through dzhokhar

tsarnaev's room university of massachusetts dartmouth yesterday. inside they found what they're calling a large pyrotechnics and more b bs. plus, a black jacket and a white hat which the fbi reports look very similar to what the suspect wore in those surveillance videos on the dave the bombing. mike tobin is is live in boston where, with details of mike, it's my standing we have learned a lot more about how the fbi zeroed in on these suspects. >> you know, shepard, they really seemed to identify themselves, particularly dzhokhar not so much for what he did on that security video but what he he didn't do. what he didn't do is ability surprised when the first bomb went off. the criminal complaint says virtually every head turns to the east toward the finish line and stares that that direction in apparent bewilderment and. dzhokhar alone in front of the restaurant appears calm. he does glance to the east and turns and leaves quickly but calmly to the west. 10 seconds later, the second explosion goes off

according to the fbi at the location where he dropped his -- please don't do that where he dropped his knapsack, shepard? >> mike tobin live for us, thanks very much. if you would like to web site. >> say goodbye to krystle campbell. she'd died in the bombing. 2 years old. restaurant managener medford, massachusetts. the reverend who led the service tells the "boston globe" newspaper even total strangers turned out to support the family. tonight, boston university is holding a memorial service for lu, linzi the graduate student though died in that attack. celebration of her life and her parents flew in from china to be there. vice president biden will attend a memorial service on wednesday for the mst police officer sean collier. the becoming suspects shot and killed officer collier on thursday night.

a dance instructor who lost her left foot in the boston terror attack is insisting that she will dance again. what's more, this woman adrian davis says even though she has never been a runner, she plans to run in next year's boston marathon. the second explosion hit the 32-year-old and her husband. he is an air force captain who just got back safely from afghanistan. and despite shrapnel in his own body, he used his belt to tighten his wife's leg above the wound. she says that she won't let the attack, quote: steal my whole life. we're just beginning to hear from some the victims of last week's attack. many of them still recovering from life altering injuries they suffered during the blast. fox news medical correspondent dr. marc siegel has been speaking with those men and women. he is live in boston at the hospital. doctor, what are they telling you. >> shepard, this is a story of courage and hope. it's a story of 25-year-old katelyn indicates who was standing at the finish line

of the boston marathon when she got hit by a bomb damaging her leg. her boyfriend leo came with his t-shirt, stopped the bleeding and carried her off to safety. >> laid me down, took off his shirt, tied his shirt to stop the bleeding. >> wow. >> kind of conducted someone to come towards and help pick me up and put me in the car. drove down one-way streets and got me to mass general hospital within 10 minutes and i was here and their staff was taking care of me right away. so i remember it all. >> did you feel any pain? >> i think i was in such a state of shock that i didn't. i was more concentrated on on -- i will say i didn't think i was going it make it when he laid me down in the alli. there was a good amount of bleeding. >> she is expected to fully recover. we also interviewed dr. david cain a trauma surgeon who fought in iraq

and. he said operating here after the marathon was the same experience as operating in iraq. shepard? >> shepard: dr. marc siegel live in boston. the boston bombings are coming up in the immigration debate in washington. it led to a very testy exchange on capitol hill today. that's next. @

>> shepard: catch the shouting match on capitol hill today right in the middle of a sweeping reform bill a ranking republic going at it with a democrat who co-sponsored the proposed overhaul. look at. this i say that particularly those who are pointing to what happened terrible tragedy in boston as a, i would say excuse for not doing a bill or delaying it many months or years. >> i never said that! >> i didn't say you did. >> i didn't say you did, sir. [gavel] >> i didn't say -- >> -- i didn't see -- i didn't say you did. >> mr. chairman, i don't

approach right the senator leaning the witnesses who come here. >> that hearing comes one week after the boston marathon terror attack in which authorities name two immigrants as suspects. that has renewed questions over what homeland security knows or does not know about the estimated 1,100,000,000 illegal immigrants living in the country. two bombing suspects came to this country completely legally as children from russia. but that has not kept them out of the immigration debate. mike emanuel is on capitol hill for us tonight. could the immigration bill show more of this bipartisan split or the gang of 8 getting to be in trouble? what do we know from this? >> shep, there has to be concern for those who have been working in these bipartisan groups in both the senate and the house trying to tackle this huge issue of immigration reform. and so today, senator rand paul, republican of kentucky sent a letter to senate majority leader harry reid saying that the senate should hold off on immigration reform until

this boston terror attack investigation is complete. at the white house, here is the press secretary's take. we agree with those co-authors of the legislation in the senate who have made the point in recent days that enhancing our security is one of the reasons why we should press forward with comprehensive immigration reform. >> the effort continues in both the senate and the house. but it has been a heavy lift. it's failed before. and that explains some the emotion here for those who have been heavily involved on capitol hill. shep? >> shepard: well, outside of capitol hill, in fact outside the beltway there is another pitch for immigration reform, right? >> to a degree political odd couple teaming up in the city of chicago. forminger republican gop nominee vice presidential nominee paul ryan and luiz gutierrez a democrat who represents chicago teaming up in the windy city to work on immigration reform. ryan said he was not going

to talk about the boston terror attack but the questions continued and well here was paul ryan's take. >> it's high time we fix this broken system for the interests of our country, for the interests of our national security, for the interests of our economic security for jobs and for the interests of our family security. >> and ryan said what happened in boston should spark immigration reform. he says for variety of reasons, the congress needs to get this done. bottom line, gutierrez is working on this issue as part of a bipartisan group in the house so he thought ryan might lend a little star power and some bipartisanship to sell it back home in chicago. shep? >> mime immanuel live on capitol hill. fox news has now confirmed the arrest of one of the fbi's 10 most wanted fugitives. a washington or a former washington, d.c. school teacher had been on the run since 2008 when d.c. and maryland issued warrants for his arrest on charges he produced child pornography.

he was arrested in the central american nation of nicaragua. federal law enforcement sources tell fox that authorities there will send him back to face charges here. five people are reported dead after a wild shootout in an apartment complex south of seattle. police say they responded south of the scene and opened fire on wounded man pulled a gun on the officers. that 28-year-old suspect died at the scene. cops report they found two more bodies in the parking lot and then two additional victims inside a couple of apartments. witnesses say the gun fight was straight out of of the wild weather west. >> there was a couple shots and then cops just came storming. it was like three at first and then one after another. and like a guy came in with automatic. we heard a couple shots and the guy told us to leave. the cop told us to leave but we came back and there was more cop cars pouring in. just like they are taking care of it right now. >> shepard: police say it's still unclear to them what set the violence off and

that they don't know who shot whom. no officers were hurt. >> the suspect is on for survivors of a deadly earthquake that killed nearly 200 people and hurt more than 11,000 others. that's our top story as we go around the world in 80 seconds. >> china. the magnitude 7.0 quack struck the southwest on saturday and triggered overnight landslides. tons of heavy mud and rock blocked roads and cut off power. dozens of people missing. thousands of families now living in tents. about 1,000 medical workers today delivered supplies to remote areas. >> australia. a shark attacked a fisherman at a beach on the east coast. the guy's brother says they were fishing in knee deep water and some gray nurse sharks got trapped in their net. he says his brother was freeing one shark when another swam up a and bit both its reportedly stable.

lighting up the night sky. the surveillance camera captured the sudden glow in the early morning hours. there were similar sightings over the eastern u.s. last month and in russia in february. mexico. national science officials say they got nearly 3,000 people across the country to look through their telescopes at the moon saturday. that apparently set a new guinness world record for the most simultaneous telescope viewing of the same site. one telescope among the world's largest located on a volcano in the southeast. that's a wrap on this fox trip around the world in 80 seconds. >> around the world is brought to you by verizon. powerful answers. >> shepard: fox weather alert now. a dozen u.s. states are now under flood warnings. first alert forecasters say a nasty spring storm is set to dump a half a foot of snow on parts of colorado

through michigan. they say millions of people in the south of that will see large amounts of rain and thunderstorms. this latest storm system comes as many parts of the midwest are already dealing with record high river levels and lots of flooding. speaking of illinois. the governor there has declared at least 41 counties disaster areas. and many places along the mississippi river folks stacking sandbags to try to control the floods but for many it's too late. >> we picked everything up and we grabbed as much as we could and the water coming out of the walls and basement windows. by the time we got up and ran to the other friend's house who is on maple right there it was already going up. >> my husband went over to save his friend and he looked and everything is gone. everything. it is just crazy. we're homeless now. we lost everything. >> officials now blame the storm for at least three deaths. more on this flooding as we get it the avalanche danger is up in colorado following a deadly springtime slide that killed five people

there. s that from the say avalanche information center after the avalanche buried a group of snowboarders in the mountain in denver. riding for the charity event avalanche information center when a 600-foot wide chunk of snow broke loose. one snowboarder dug himself free. experts say the late winter weather has triggered the deadly conditions. >> we have weak layers in the snow pack that formed little in the season. now we are building big slaps on top of that with all this winter weather we have been having in the spring. it's making especially dangerous avalanche conditions. >> shepard: all of the victims were wearing proper avalanche beacons and safety equipment at the time. >> of course, there is no price that can be put on the human suffering after the boston bombings, but in terms of the economy, untold millions of dollars could be on the line. it's even included in today's criminal complaint against the surviving suspect. details on that ahead. plus, should the government raise the minute mum age

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foot traffic or deliveries so not every boston company was hit that hard, shepard, if at all. >> shepard: the rest of the nation, was there an effect? >> well, we haven't seen anything specific yet. and it may take some time to play out, but terrorist attacks can hurt an economy cutting growth by about a half a percentage point on

average, according to one study. just look at 9/11 in 2001. consumer confidence fell sharply for several months. the labor department said the attacks caused more than 400 mass layoffs and displaced 130,000 workers. industrial production physical. unemployment was up. though we were also in a recession at the time. are a for the boston bombings, they hurt investigators, at least one day mock knocking more than 100 points off the dow as you recall. stocks started climbing back friday and closed higher today, shepard. >> shepard: peter, thanks. not only are stocks up but gas prices are falling. this comes at a time when gas is typically more expensive. springtime snow and other wintry weather keeping more drivers off the roads. that means less demand. a.a.a. is reporting a gallon of regular unleaded here in the u.s. will cost but $3.52 again on average. 16 cents cheaper than a month ago. and 34 cents cheaper than the same day last year. meantime, existing home

sales reportedly dipped, though slightly last month. that's according to the national association of realtors. fortunately, march home sales were still way up compared to the same time last year. more than 10% higher in fact. analysts say sales have been more or less unchanged for several months, because there is a limited supply of homes. that means prices could continue to rise and home construction could accelerator-accelerate as the year continues. teenagers who want to buy cigarettes in new york may have to wait until they are old enough to buy alcohol. senators proposed to buying tobacco products 18 to 21. they point out enforcing the law would be tough. some 80% of smokers in new york get hooked before they turn 21. of course, this is the same city that previously banned smoking in bars and restaurants and tried to limit the size of sugary drinks sold in certain stores before a judge struck down that rule earlier this year. well, one week after the terror attack in boston. we're learning new information about the dead bombing suspect.

and a domestic violence arrest that came in 2009. details and a live report next.

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>> shepard: reese witherspoon says she is deeply embarrassed for pulling out celebrity called as troopers arrested her husband on dui. pulled over near atlanta. husband reportedly swerving out of his lane and had a strong smell of alcohol on his breath. reese wither spoon refused to stay in the car while her husband was failing the sobriety test. she reportedly said to the trooper, "do you know my name? you're about to find out who i am." the officer booked her for disorderly conduct. the couple due in court next month. updating some of fox top stories tonight. authorities in canada have arrested two people in connection with a reported terror plot. the police say the men had ties to al qaeda members in iran. and were planning to attack a passenger train that

traveled so new york city. and the surviving boston bombing suspect today charged with using a weapon of mass destruction. he could face the death penalty. meantime we are learning more about the past of his brother, the other suspect who died in the shootout with police early on friday morning. mike bow detective on fox 25 in boston live with more. mike? >> hey, shep, tonight as we get all these details in the criminal complaint about what happened one week ago, we are learning more about the man authorities are calling bomber one tamerlan tsarnaev died during a confrontation with police late thursday night. but it wasn't his first run-in with the law. arrested by cambridge police back 2009. today getting a first look at his mugshot when he was booked. assault and battery his girlfriend at the time according to the police report the woman called 911 on cell phone saying she was beat up by her boyfriend. the boy friend now known as bomber 1. according to the police report tamerlan told the

responding officers, quote: the victim was yelling at him because of another girl and he admitted to the cops, quote: yes, i slapped her. that's when police officers arrested him. the case was eventually dismissed in 2010. likely because the alleged victim wouldn't cooperate with the prosecution at that point. why 2010, tamerlan had officially moved on to another woman. his marriage certificate does indicate in fact that he married a catherine russell in june of 2000 10. also lists tamerlan's birthplace as russia. still not clear what happened after all of that that led tamerlan and his brother to allegedly commit these crimes. we also learned that federal authorities armed with a search warrant raided a new bedford apartment today. south of boston. a source telling us the raid is part of the joint terrorism task force's investigation into whether or not the bombers acted alone. we will see where that goes. shep? >> shepard: mike bow detective from

mike beaudet from our norman tonight. oklahoma territory was home to several native american tribes that had been forced out of the southeast. but one when americans realized the land's potential for farming, perspective settlers pressed the government to open up indian territory. president benjamin harrison agreed and gave folks seven weeks to prepare. at high noon a cannon fired a single shot and thousands took off towards the open plot. by night fall, entire towns were born across a 2 million-acre stretch. oklahoma would officially become a state in 1907. but it started with a mad dash 124 years ago today. and now you know the news for this monday, april the 22nd, 2013. i'm shepard smith. we're back tomorrow, noon pacific, 3:00 eastern time for "studio b" and right back here for "the fox report" tomorrow night. the o'reilly factor is coming up next. thanks for checking in.